The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-10-22
PRYOR's TWO POINTS.
He Secures a Hearing in the
Supreme Court
FOR THE CHICAGO ANARCHISTS.
and the Condemned Testified
Against Themselves-Etc.
PrYer's Points.

WALHlhGTON, OctoDer Zl.-1n pre-
senting the case of the condemned An
archist., in the Supreme Court, to-day,
after reciting, briefly, the history of the
case, Pryor said he would call the
attention of the court to only two
points, which he relied upon to show
that the case at the bar presented Fed
eraI questions, and that such questions
empowered this court to take jurisdic-
ton and grant the writ of error prayed
for. The first of these points related to
the jury by which the prisoners were
tried. The Legislature of Illinois
passed, in March, 1874, that is, after the
adoption of the fourteenth amendment.
a law to regulate and govern the en-
parchment of juries in the State courts.
By virtue of that law, jury for the
trial of criminal case might be made
up in part, at least, of jurors who had
formed an opinion with regard to the
guilt or innocence of persons accused.
jurors who were partial and even prein-
diced men. The law made it possible
to put in the jury box men vi o
had formed an opinion as to the prisol =
ers' guilt, which could not be remoy, d
except by strong evidence. This, he
believed, had been done in the case I'm
der consideration, and the petition as
serted that this statute and its effect
iVeness in the courts below had deprived
them of their rights, and was about to
deprive them of their lives, without the
due process of law guaranteed by the
Federal Constitution.
In reply to query regarding the
statute, Pryor read aloud that part of
the act of the Illinois Legislature
approved March II. 1874. It appears of
record, said Pryor, that this statute was
called in question in the trial court, as
repugnant to the provisions of both the
Federal Constitution and OF the Consti-
tuition of the State of Illinois, but the
court affirmed its constitutiouality upon
authority OF decisions of the Illinois
Supreme Court, and the latter after
ward sustained the judgment.
Pryor then read extracts from
the record, to show that among
there were men who admitted they had
read the newspapers and found an
opinion with regard to the case and
were, therefore, partial.
After some colloquy between Justice
Miller and Mr.. Pryor, as to whether
particular juror, whose prejudices he
described, was on the jury, Pryor said
he was not, but that Pryor said it
appeared in the record that
at least two Jurors who actually sat on
the trial were persons hav-
ing pTepossessloDs and prejudices
of the character described. Thus, by
the action OF the lower court, he said,
the Illinois statute would be made to
deprive the accused OF the right of trial
by an impartial jury, had abridged
their priyilt ges as citizens of the United
States, and was about to deprive them
of life, ETC.. without due process of law
The Chief Justice remarked that the
only question for this court was
the statute vas constitutional.
II the court erred in its administration
Of the statute, that was question for
he State courts.
Pryor commended that the action of
the State court was the action of the
State.
Pryor's second point was, that the |
petitioners had been compelled in the |
trial court to be witnesses against them |
selves. Some Of them were on the |
stand, and in spite OF the protest their |
counsel were compelled to submit to |
GrOsS-eXamio alton and |
;rimiDate themselves. Furthermore, |
after their arrest, the police, without |
any process OF law. broke open the |
private desks and trtrac-ed from |
hem letters and osher crimjnat-
ng evidence, and bese letter
g0tten without due process vi law, were |
used against them. When objection !
Vas raised. 1t was oyerru Ell and al < /
,eption taken. The use OF those pal ers
vas virtually compelling man 10
,estEy against himself. IL violation of |
he nth amendment to the Constitu-
ion. Ia conclusion, Pryor sait. it was
lot necessary 10 refer specifically 10
he fifth amendment or the fourteenth
or any particular amend
nentS as violated by the Illinois
tatute and the proceedings in the State
ourts. He would simply say, broadly.
hat these were questions raised under
he Federal Constitution.
At the conclusion OF Pryor's speech
ne Chief Justice held brief whispt red
with the several associate
Justices and then said: Mr.. Pryor,
'ou may have printed, at once if pos
ible. parts OF the record which raise
hese questions and hand them to us
his afternoon or early tomorrow /
norning, and on Monday We will indi-
ate what Is further necessary to be
lone.